Construction Industry Portable Paid Long Service Leave Amendment Regulations 2023 (WA)

Western Australia

Construction Industry Portable Paid Long Service Leave Act 1985

Construction Industry Portable Paid Long Service Leave Amendment Regulations 2023

Western Australia

Construction Industry Portable Paid Long Service Leave Amendment Regulations 2023 Contents Construction Industry Portable Paid Long Service Leave Act 1985

Construction Industry Portable Paid Long Service Leave Act 1985

Construction Industry Portable Paid Long Service Leave Amendment Regulations 2023

Made by the Governor in Executive Council.

1.Citation

These regulations are the Construction Industry Portable Paid Long Service Leave Amendment Regulations 2023.

2.Commencement

These regulations come into operation as follows —

• (a)

  regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website (publication day);

• (b)

  regulation 7 — on 1 January 2024;

• (c)

  the rest of the regulations — on the day after publication day.

3.Regulations amended

These regulations amend the Construction Industry Portable Paid Long Service Leave Regulations 1986.

4.Regulation 3A inserted

After regulation 3 insert:

3A. Ministers, authorities and local governments not employers

For the purposes of the definition of employer in section 3(1) of the Act, each of the following is not an employer —

• (a)

  any Minister in the Government;

• (b)

  any authority, whether a body corporate or not, constituted for a public purpose by a written law;

• (c)

  any local government.

   

5.Regulation 5 amended

In regulation 5 delete “$40 000.” and insert:

$250 000.

6.Regulation 7 replaced

Delete regulation 7 and insert:

7. Information required (Act s. 32(1))

For the purposes of section 32(1) of the Act, the following information must be included in the record maintained for each employee —

• (a)

  the employee’s full name, date of birth and gender;

• (b)

  the following contact details of the employee —

  • (i)

    residential address;

  • (ii)

    postal address;

  • (iii)

    mobile phone number;

  • (iv)

    other phone number;

  • (v)

    email address;

• (c)

  the basis on which the employee is employed, including whether the employee is employed —

  • (i)

    on a permanent, fixed term, casual or other basis; and

  • (ii)

    full-time or part-time or otherwise;

• (d)

  whether the employer describes the employee as a contractor or subcontractor;

• (e)

  whether the employee is entitled to paid annual leave;

• (f)

  whether the employee is an apprentice or a trainee;

• (g)

  the number of the certificate of registration issued to the employee under section 31A(1)(b) of the Act;

• (h)

  the employee’s job title and occupation, and the primary tasks performed by the employee;

• (i)

  the days on which the employee’s employment started and, if applicable, finished;

• (j)

  for any day on which the employee was absent from work —

  • (i)

    the date of the absence; and

  • (ii)

    the reason for the absence; and

  • (iii)

    whether the employee was paid for the day;

• (k)

  the day or days of service completed as an employee within the meaning of the Act.

   

7.Regulation 8 amended

In regulation 8 delete “0.1%” and insert:

0.5%

N. HAGLEY, Clerk of the Executive Council